Overturning an award of benefits is difficult. If the decision is made to appeal the granting of benefits in a particular case, most states have a limited period for the filing of an appeal. It will be stated on the notice to the employer of the award of benefits and is usually 10 days. Proving that there was sufficient “misconduct” to overturn a prior award requires substantial evidence. The employer must show that the employee’s conduct was intentional or in willful disregard of the employer’s interests. The employer may also be required to show that the employee intentionally


disregarded his/her


duties or obligations. Documentation is critical and should include all the documentation submitted at the content stage


including any, last


chance agreements or performance improvement plans provided to the employee. In addition, witnesses that can testify as to the critical events and why the termination decision was made are critical.


Despite the appearance of a system


that is stacked against the employer, with careful consideration and proper presentation of what is needed to prove your case against the granting of


benefits or to overturn a prior award, an employer can exert at least some control over whether unemployment benefits should be awarded or not.


About the Author


Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade


associations


across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or ralaniz@alaniz-law.com.


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